Kanta Kumari @ Kanta Chawla vs Ajit Singh & Ors.
2009 Latest Caselaw 4842 Del

33
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                     +    MAC.APP.No.41/2007

                              Date of Decision: 26th November, 2009
%

      KANTA KUMARI @ KANTA CHAWLA      ..... Appellant
                   Through : Mr. Ram Kawar, Adv.

                     versus

    AJIT SINGH & ORS.                ..... Respondents
                   Through : Mr. Manoj Ranjan Sinha and
                             Mr. Anand Nandan, Advs. for
                             R-3.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may                 YES
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?                YES

3.      Whether the judgment should be                        YES
        reported in the Digest?

                         JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.7,43,565/- has been

awarded to the appellant. The appellant seeks enhancement

of the award amount.

2. The accident dated 23rd November, 2004 resulted in

grievous injuries to the appellant. The appellant was

standing on the bus stop when a blue line Mudrika bus

bearing No.DL-1P-A-6170 came from behind and crushed the

appellant‟s right leg under its wheel. The appellant suffered

fracture in lower end of fibula and degloving of skin besides a

lacerated wound on left foot due to the accident. The

injuries in the accident exposed underlying fat and muscle of

right leg below knee, swelling of right foot and lacerated

wound on left foot and degloving injury on left heel. The

Medical Board issued the disability certificate - Ex.PW1/24

certifying the permanent disability of the appellant to be

65%. The appellant is present in the Court and her injuries

have been seen by the Court as well as counsel for

respondent No.3.

3. The appellant was working as a Head Mistress in

Government High School, Sehatpur (Faridabad) drawing a

salary of Rs.18,585/- which was duly proved before the

learned Tribunal as Ex.PW1/5. The appellant remained on

leave without pay for about 15 months which was also duly

proved by a certificate from the school.

4. The learned Tribunal disbelieved the salary certificate

proved by the appellant on the ground that the document

was self-attested and not certified by District Education

Officer. The learned Tribunal took the income of the

appellant as Rs.6,000/- per month and the loss of income

was awarded for only five months against the actual leave of

15 months to the appellant and the loss of income was also

computed by taking the salary of Rs.6,000/- per month.

5. The appellant led additional evidence before this Court

by examining the Head Master of Government High School,

Sehatpur (Faridabad) who appeared in the witness box as

AW-2 and proved the salary certificate - Ex.AW2/1 as well as

the certificate - Ex.CW1/Z towards the medical leave without

pay for five months. In view of the grievous injuries suffered

by her, the appellant was unable to continue the job and took

voluntary retirement. The appellant is now getting a pension

of about Rs.8,000/- per month.

6. The appellant has suffered 65% disability. Considering

the nature of injuries suffered, she was unable to continue

her job and, therefore, her loss of income is taken to be

100%. The income of the appellant is taken to be

Rs.18,585/- per month. Since the appellant is getting

pension of about Rs.8,000/- per month, the loss of income is

taken to be Rs.10,000/- per month after deducting the

pension being received by her. The appellant was aged 55

years at the time of the accident and the multiplier of 5 is

applied to compute the loss of income at Rs.6,00,000/-

(Rs.10,000 X 12 X 5). The appellant remained on medical

leave without pay for five months and, therefore, the loss of

income is taken to be Rs.92,925/- (Rs.18,585x 5).

7. The learned Tribunal has awarded Rs.25,524/- towards

medical expenditure, Rs.13,475/- towards pathological tests,

Rs.1,77,174/- towards hospitalization charges, Rs.6,922/-

towards ambulance charges and Rs.6,000/- towards

attendant charges. The said amount is fair and reasonable

considering the evidence led by the appellant before the

learned Tribunal.

8. The learned Tribunal has not awarded any

compensation towards future expenses. No evidence has

been led with respect to the future expenses and, therefore,

the appellant is not entitled to any amount towards future

expenses.

9. The leaned Tribunal has awarded a sum of Rs.50,000/-

towards pain and suffering, Rs.40,000/- towards loss of

amenities of life and injuries and Rs.20,000/- towards

disfiguration of leg.

10. The appellant is entitled to non-pecuniary damages

under following four heads:-

(i) Compensation on account of pain and suffering

(ii) Compensation on account of loss of amenities

of life.

(iii) Compensation on account of disfiguration.

11. In the case of Oriental Insurance Co. Ltd. vs. Vijay

Kumar Mittal & Ors., 2008 ACJ 1300, this Court examined

all the previous judgments with respect to the non-pecuniary

compensation awarded in the case of permanent disability

and held that the Courts have been awarding about

Rs.3,00,000/- under the heads of non-pecuniary damages for

amputation of leg with permanent disability of 50% and

above. The findings of this Court are reproduced

hereinunder:-

"17. From the aforenoted judicial decisions, a trend which emerges is that between the years 1985 and 1990, the courts have been awarding about Rs.3,00,000/- under the head „non-

pecuniary damages‟ for amputation of leg resulting in permanent disability of 50 per cent and above."

12. Following the aforesaid judgment, compensation of

Rs.1,10,000/- awarded by the learned Tribunal towards non-

pecuniary damages is enhanced to Rs.3,00,000/- which shall

include the following heads:-

(i) Compensation for pain - Rs.1,00,000/-

and suffering

(ii) Compensation for loss - Rs.1,00,000/-

of amenities of life

(iii) Compensation for - Rs.1,00,000/-

disfiguration

13. The appellant is entitled to total compensation of

Rs.19,42,020/- as per the break-up given hereinunder:-

              (i)    Loss of income               :   Rs.6,00,000/-
              (ii)   Loss of income for five      :   Rs.92,925/-
                     months
              (iii)  Medical Expenditure          :   Rs.25,524/-
              (iv) Pathological Test              :   Rs.13,475/-
              (v)    Hospitalization Charges      :   Rs.1,77,174/-
              (vi) Ambulance Charges              :   Rs.6,922/-
              (vii) Attendant Charges             :   Rs.6,000/-
              (viii) Compensation for pain        :   Rs.1,00,000/-
                     and suffering
              (ix) Compensation for loss          :   Rs.1,00,000/-
                     of amenities of life
              (x)    Compensation           for   :   Rs.1,00,000/-
                     disfiguration
                                          Total   :   Rs.12,22,020/-

14. The learned Tribunal has awarded interest @6% per

annum. Following the judgment of Hon‟ble Supreme Court in

the case of Dharampal vs. U.P. State Road Transport

Corporation, III 2008 ACC (1) SC, the rate of interest is

enhanced from 6% per annum to 7.5% per annum.

15. The appeal is allowed and the award amount is

enhanced from Rs.7,43,565/- to Rs.12,22,020/- along with

interest @ 7.5% per annum from the date of filing of the

petition till realization.

16. The enhanced award amount along with interest be

deposited by respondent No.3 with UCO Bank, Delhi High

Court Branch A/c Kanta Kumari through Mr. M.M. Tandon,

Member-Retail Team, UCO Bank Zonal, Parliament Street,

New Delhi (Mobile No. 09310356400) within 30 days.

17. Upon the aforesaid enhanced award amount being

deposited, UCO Bank is directed to release a sum of

Rs.1,00,000/- to the appellant by transferring the said

amount to her Saving Bank Account. The remaining award

amount be kept in fixed deposit for a period of five years on

which monthly interest be paid to her.

18. The interest on the aforesaid fixed deposit shall be paid

monthly by automatic credit of interest in the Savings

Account of the appellant.

19. Withdrawal from the aforesaid account shall be

permitted to the appellant after due verification and the

Bank shall issue photo Identity Card to the appellant to

facilitate identity.

20. No cheque book be issued to the appellant without the

permission of this Court.

21. The original Fixed Deposit Receipt shall be retained by

the Bank in the safe custody. However, the original Pass

Book shall be given to the appellant along with the

photocopy of the FDR.

22. The original Fixed Deposit Receipt shall be handed over

to the appellant at the end of the fixed deposit period.

23. No loan, advance or withdrawal shall be allowed on the

said fixed deposit receipt without the permission of this

Court. 23. Half yearly statement of account be filed by the

Bank in this Court.

24. On the request of the appellant, the Bank shall transfer

the Savings Account to any other branch of UCO Bank

according to the convenience of the appellant.

25. The appellant shall furnish all the relevant documents

for opening of the Saving Bank Account and Fixed Deposit

Account to Mr. M.M. Tandon, Member-Retail Team, UCO Bank

Zonal, Parliament Street, New Delhi.

26. Copy of the order be given dasti to counsel for both the

parties under the signatures of the Court Master.

27. Copy of this order be also sent to Mr. M.M. Tandon,

Member-Retail Team, UCO Bank Zonal, Parliament Street,

New Delhi (Mobile No. 09310356400) through the UCO Bank,

High Court Branch under the signature of Court Master.

J.R. MIDHA, J NOVEMBER 26, 2009 aj